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Cross-border litigation

5 August 2014

Legal update: Businessman granted leave to serve injunction proceedings on Google out of the jurisdiction

Last Thursday, in the case of Hegglin v Google Inc. & ORS (2014) QBD, the High Court  granted a businessman leave to serve proceedings under the Data Protection Act 1998 out of the jurisdiction on Google, seeking injunctive relief in respect of defamatory comments posted on websites by an anonymous individual. 

1 August 2014

Illegal search and seizure outside the US? A customer’s emails stored in Ireland must be disclosed to US government investigators

A New York Court has held that Microsoft Corp must disclose to investigators the content of an unidentified customer’s MSN.com web based email account stored in a data center in Ireland that it controls and maintains to the US government in the context of an investigation. As the US District Judge upheld the Federal Magistrate’s decision, Microsoft, which argued that this was an illegal search and seizure of customer information held outside the US, lost its challenge to the US government search warrant. Microsoft has already indicated its intention to appeal.

2 December 2013

High Court awards costs on indemnity basis for “hopeless” summary judgment application

In the case of Simmons & Simmons LLP v Charles Hickox [2013] EWHC 2141 (QB), the High Court has held that a defendant who applies for summary judgment on a point of law which he knows, or ought to have known, was not justified should pay the costs of the application on the indemnity basis. 

15 January 2013

French advocates, like any other European lawyers, must actively detect and report money laundering activities

In its recent decision Michaud v France dated 6 December 2012 (Requête No.12323/11), the European Court of Human Rights (the “Court”) confirmed that French advocates, like any other lawyers authorised to practise within the European Member States, must comply with certain obligations aimed at effectively detecting and fighting against money laundering activities.

5 November 2012

French companies still have lessons to learn on corruption and fraud risks

The Organisation for Economic Cooperation and Development (“OECD”)’s Working Group on Bribery recently urged France to tackle bribery, tighten laws and boost fines. It is “seriously concerned that, despite the very significant role of French companies in the international economy”, France has only secured 5 convictions since the bribery ban came into force in 2000. 

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